BILL REQ. #: H-2520.1
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/28/07.
AN ACT Relating to specialized forest products; amending RCW 76.48.020, 76.48.050, 76.48.060, 76.48.070, 76.48.075, 76.48.094, 76.48.096, 76.48.098, 76.48.100, 76.48.110, 76.48.120, and 76.48.150; adding new sections to chapter 76.48 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the current
law on specialized forest products provides important protections to
the owners of forest land in Washington. However, these protections,
as presently constituted, create a complicated regulatory environment
for wood carvers, wood turners, instrument makers, and other wood
hobbyists and small businesses. The criminal penalties possible under
chapter 76.48 RCW increase the risk to otherwise lawful wood hobbyists
who have difficulty navigating this complicated regulatory regime.
(2) With the introduction of this act, the legislature intends to
begin a conversation on proper revisions to chapter 76.48 RCW that
streamlines the permitting system for specialized forest products and
creates a more equitable and manageable situation for wood hobbyists,
while maintaining the chapter's important protections that it provides
to forest landowners.
NEW SECTION. Sec. 2 A new section is added to chapter 76.48 RCW
to read as follows:
It is the intent of legislature for this chapter to be used by law
enforcement authorities and others responsible for its implementation
to pursue and prosecute those individuals that are genuinely engaged in
the theft of large quantities of valuable forest materials, and not
those individuals who are responsibly collecting wood or wood pieces
from landowners who are aware and accepting of the collection. The
legislature urges prosecutorial discretion where warranted and the
consideration of all factors involved with a situation before bringing
a criminal action under this chapter.
Sec. 3 RCW 76.48.020 and 2005 c 401 s 1 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Authorization" means a properly completed preprinted form
authorizing the transportation or possession of Christmas trees which
contains the information required by RCW 76.48.080, a sample of which
is filed before the harvesting occurs with the sheriff of the county in
which the harvesting is to occur.
(2) "Bill of lading" means a written or printed itemized list or
statement of particulars pertinent to the transportation or possession
of a specialized forest product.
(3) "Carver" means an individual who either for business, artistic,
or hobbyist pursuits uses specialized forest products to produce
carvings or other artistic products.
(4) "Cascara bark" means the bark of a Cascara tree.
(((4))) (5) "Cedar processor" means any person other than a carver
who purchases, takes, or retains possession of cedar products or cedar
salvage for later sale in the same or modified form following removal
and delivery from the land where harvested.
(((5))) (6) "Cedar products" means cedar shakeboards, shake and
shingle bolts, and rounds one to three feet in length.
(((6))) (7) "Cedar salvage" means cedar chunks, slabs, stumps, and
logs having a volume greater than one cubic foot and being harvested or
transported from areas not associated with the concurrent logging of
timber stands (a) under a forest practices application approved or
notification received by the department of natural resources, or (b)
under a contract or permit issued by an agency of the United States
government.
(((7))) (8) "Christmas trees" means any evergreen trees or the top
thereof, commonly known as Christmas trees, with limbs and branches,
with or without roots, including fir, pine, spruce, cedar, and other
coniferous species.
(((8))) (9) "Cut or picked evergreen foliage," commonly known as
brush, means evergreen boughs, huckleberry, salal, fern, Oregon grape,
rhododendron, mosses, bear grass, ((scotch broom (Cytisus scoparius),))
and other cut or picked evergreen products. "Cut or picked evergreen
foliage" does not mean cones, berries, ((any)) foliage from any plant
that does not remain green year-round, or seeds.
(((9))) (10) "Department" means the department of natural
resources.
(11) "Harvest" means to separate, by cutting, chopping, prying,
picking, peeling, breaking, pulling, splitting, or otherwise removing,
a specialized forest product (a) from its physical connection or
contact with the land or vegetation upon which it is or was growing or
(b) from the position in which it is lying upon the land.
(((10))) (12) "Harvest site" means each location where one or more
persons are engaged in harvesting specialized forest products close
enough to each other that communication can be conducted ((with an
investigating law enforcement officer)) in a normal conversational
tone.
(((11))) (13) "Landowner" means, with regard to real property, the
private owner, the state of Washington or any political subdivision,
the federal government, or a person who by deed, contract, or lease has
authority to harvest and sell forest products of the property.
"Landowner" does not include the purchaser or successful high bidder at
a public or private timber sale.
(((12))) (14) "Native ornamental trees and shrubs" means any trees
or shrubs which are not nursery grown and which have been removed from
the ground with the roots intact.
(((13) "Permit area" means a designated tract of land that may
contain single or multiple harvest sites.)) (15) "Person" includes the plural and all corporations,
foreign or domestic, copartnerships, firms, and associations of
persons.
(14)
(((15))) (16) "Processed cedar products" means cedar shakes, bolts,
shingles, fence posts, hop poles, pickets, stakes, rails, or rounds
((less than one foot)) sized between two and twelve inches in length.
(((16))) (17) "Sheriff" means, for the purpose of validating
specialized forest products permits, the county sheriff, deputy
sheriff, or an authorized employee of the sheriff's office or an agent
of the office for the county where the permittee lives or the county
from which the wood was harvested or transported.
(((17))) (18) "Specialized forest products" means Christmas trees,
native ornamental trees and shrubs, cut or picked evergreen foliage,
unprocessed cedar products, cedar salvage, ((processed cedar products,
specialty wood,)) wild edible mushrooms, and Cascara bark.
(((18))) (19) "Specialized forest products permit" means a printed
document in a form printed by the department of natural resources, or
true copy thereof, that is signed by a landowner or his or her
authorized agent or representative, referred to in this chapter as
"permittors" and validated by ((the)) an appropriate county sheriff and
authorizes a designated person, referred to in this chapter as
"permittee," who has also signed the permit, to harvest, possess, and
transport a designated specialized forest product from land owned or
controlled and specified by the permittor and that is located in the
county where the permit is issued.
(((19))) (20) "Specialty wood" means:
(a) Wood of the species western red cedar (Thuja plicata),
Engelmann spruce (Picea engelmannii), Sitka spruce (Picea sitchensis),
or big leaf maple (Acer macrophyllum), that is:
(((a))) (i) In logs less than eight feet in length((, chunks,)); or
(ii) Slabs((, stumps, or burls;)) at least twenty-one inches long
and seven and a quarter inches wide when measured from the outer
surface toward the center, without knots in a portion of the surface
area, and
(((b) One or more of the following:)) is suitable for the purposes of making musical instruments
((
(i) Of the species western red cedar, Englemann spruce, Sitka
spruce, big leaf maple, or western red alder;
(ii) Without knots in a portion of the surface area at least
twenty-one inches long and seven and a quarter inches wide when
measured from the outer surface toward the center; or
(iii)or ornamental boxes));
(b) Cedar or maple burls;
(c) Cedar stumps; or
(d) Three or fewer cedar logs, each eight feet or less in length
used for carving.
"Specialty wood" does not include western red cedar that can be
processed into cedar products, as defined in subsection (6) of this
section, which are subject to the requirements listed in this chapter
for the harvest, possession, and transportation of cedar as specialized
forest products.
(((20))) (21) "Specialty wood buyer" means the first person that
receives any specialty wood product after it leaves the harvest site.
(((21))) (22) "Specialty wood processor" means any person who
purchases, takes, or retains possession of specialty wood products ((or
specialty wood salvage)) for later sale in the same or modified form
following removal and delivery from the land where harvested.
(((22))) (23) "Transportation" means the physical conveyance of
specialized forest products or specialty wood outside or off of a
harvest site by any means.
(((23))) (24) "True copy" means a replica of a validated
specialized forest products permit as reproduced by a copy machine
capable of effectively reproducing the information contained on the
permittee's copy of the specialized forest products permit. A copy is
made true by the permittee or the permittee and permittor signing in
the space provided on the face of the copy. A true copy will be
effective until the expiration date of the specialized forest products
permit unless the permittee or the permittee and permittor specify an
earlier date. A permittor may require the actual signatures of both
the permittee and permittor for execution of a true copy by so
indicating in the space provided on the original copy of the
specialized forest products permit. A permittee, or, if so indicated,
the permittee and permittor, may condition the use of the true copy to
harvesting only, transportation only, possession only, or any
combination thereof.
(((24))) (25) "Wild edible mushrooms" means edible mushrooms not
cultivated or propagated by artificial means.
Sec. 4 RCW 76.48.050 and 2005 c 401 s 2 are each amended to read
as follows:
(1) Specialized forest products permits ((shall consist of)) issued
under this chapter must be properly completed ((permit forms)) and
validated by ((the)) an appropriate sheriff ((of the county in which
the specialized forest products are to be harvested)). Each permit
shall be separately numbered ((and the issuance of the permits shall be
by)) in consecutive numbers and display the name of the county and a
contact number for the county where the permit was issued. All
specialized forest products permits shall expire at the end of the
calendar year in which issued, or sooner, at the discretion of the
permittor.
(2) A properly completed specialized forest products permit form
shall include:
(((1))) (a) The date of its execution and expiration;
(((2))) (b) The name, address, telephone number, if any, and
signature of the permittor;
(((3))) (c) The name, address, telephone number, if any, and
signature of the permittee;
(((4))) (d) The type of specialized forest products to be harvested
or transported;
(((5))) (e) The approximate amount or volume of specialized forest
products to be harvested or transported;
(((6))) (f) The street address, legal description, or description
by local landmarks of the property from which the specialized forest
products are to be harvested or transported, including the name of the
county, or the state or province if outside the state of Washington;
(((7) A description by local landmarks of where the harvesting is
to occur, or from where the specialized forest products are to be
transported;)) (g) For cedar products((
(8),)) and cedar salvage((, and
specialty wood)), a copy of a map or aerial photograph, with defined
permitted boundaries, included as an attachment to the permit;
(((9))) (h) A copy of a valid picture identification of the
permittee; and
(((10))) (i) Any other condition or limitation which the permittor
may specify.
(3) Except for the harvesting of Christmas trees, the permit or
true copy ((thereof)) of the permit must be carried by the permittee
and the permittee's agents and be available for inspection at all
times. For the harvesting of Christmas trees only a single permit or
true copy ((thereof)) of the permit is necessary to be available at the
harvest site.
Sec. 5 RCW 76.48.060 and 2005 c 401 s 3 are each amended to read
as follows:
(1) A specialized forest products permit validated by ((the)) an
appropriate county sheriff shall be obtained by a person prior to
harvesting from any lands, including his or her own, more than five
Christmas trees, more than five native ornamental trees or shrubs, more
than five pounds of cut or picked evergreen foliage, any unprocessed
cedar products, cedar salvage, ((processed cedar products,)) or more
than five pounds of Cascara bark, or more than five United States
gallons of a single species of wild edible mushroom.
(2)(a) Specialized forest products permit forms shall be provided
by the department ((of natural resources)), and shall be made available
to permittees or permittors through the office of the county sheriff
((to permittees or permittors)) in reasonable quantities.
(b) A permit form shall be completed in triplicate for each
permittor's property on which a permittee harvests specialized forest
products.
(c) A properly completed permit form shall be ((mailed or))
presented for validation to the sheriff of the county in which the
specialized forest products are to be harvested.
(3) Before a permit form is validated by the sheriff, sufficient
personal identification may be required to reasonably identify the
person ((mailing or)) presenting the permit form ((and the sheriff may
conduct other investigations as deemed necessary to determine the
validity of the information alleged on the form)). When the sheriff is
reasonably satisfied as to the truth of the information, the form shall
be validated with the sheriff's validation stamp.
(4) Upon validation, the form shall become the specialized forest
products permit authorizing the harvesting, possession, or
transportation of specialized forest products, subject to any other
conditions or limitations which the permittor may specify. Two copies
of the permit shall be given or mailed to the permittor, or one copy
shall be given or mailed to the permittor and the other copy given or
mailed to the permittee. The original permit shall be retained in the
office of the county sheriff validating the permit.
(5) In the event a single land ownership is situated in two or more
counties, a specialized forest product permit shall be completed as to
the land situated in each county.
(6) While engaged in harvesting of specialized forest products,
permittees, or their agents or employees, must have readily available
at each harvest site a valid permit or true copy of the permit for that
harvest site.
Sec. 6 RCW 76.48.070 and 2005 c 401 s 4 are each amended to read
as follows:
(1) Except as provided in RCW 76.48.100 and 76.48.075, it is
unlawful for any person (a) to possess, (b) to transport, or (c) to
possess and transport within the state of Washington, subject to any
other conditions or limitations specified in the specialized forest
products permit by the permittor, more than five Christmas trees, more
than five native ornamental trees or shrubs, more than five pounds of
cut or picked evergreen foliage, any processed cedar products, or more
than five pounds of Cascara bark, or more than five gallons of a single
species of wild edible mushroom without having in his or her possession
a written authorization, sales invoice, bill of lading, or specialized
forest products permit or a true copy thereof evidencing his or her
title to or authority to have possession of specialized forest products
being so possessed or transported.
(2) It is unlawful for any person either (a) to possess, (b) to
transport from the harvest site to the first cedar processor or buyer,
or (c) to possess and transport from the harvest site to the first
cedar processor or buyer within the state of Washington any cedar
products((,)) or cedar salvage((, or specialty wood)) without having in
his or her possession either a specialized forest products permit or a
true copy thereof evidencing his or her title to or authority to have
possession of the materials being so possessed or transported. The
specialized forest products permit or true copy are valid to possess,
transport, or possess and transport the cedar products((,)) or cedar
salvage((, or specialty wood)) from the harvest site to the first cedar
((or specialty wood)) processor or buyer.
For purposes of this subsection, a true copy requires the actual
signatures of both the permittee and the permittor for the execution of
a true copy.
Sec. 7 RCW 76.48.075 and 2005 c 401 s 5 are each amended to read
as follows:
(1) It is unlawful for any person to transport or cause to be
transported into this state from any other state or province
specialized forest products, except those harvested from that person's
own property, without: (a) First acquiring and having readily
available for inspection a document indicating the true origin of the
specialized forest products as being outside the state, or (b) without
acquiring a specialized forest products permit as provided in
subsection (4) of this section.
(2) Any person transporting or causing to be transported
specialized forest products into this state from any other state or
province shall, upon request of any person to whom the specialized
forest products are sold or delivered, or are to be sold or delivered,
or upon request of any law enforcement officer, prepare and sign a
statement indicating the true origin of the specialized forest
products, the date of delivery, and the license number of the vehicle
making delivery, and shall leave the statement with the person making
the request.
(3) It is unlawful for any person to possess specialized forest
products, transported into this state, with knowledge that the products
were introduced into this state in violation of this chapter.
(4) When any person transporting or causing to be transported into
this state specialized forest products elects to acquire a specialized
forest products permit, the specialized forest products transported
into this state shall be deemed to be harvested in the county of entry,
and the sheriff of that county ((may)) shall validate the permit as if
the products were so harvested, except that the permit shall also
indicate the actual harvest site outside the state.
(5) A cedar ((or specialty wood)) processor shall comply with RCW
76.48.096 by requiring a person transporting specialized forest
products into this state from any other state or province to display a
specialized forest products permit, or true copy thereof, or other
governmental document indicating the true origin of the specialized
forest products as being outside the state. For purposes of this
subsection, a true copy requires the actual signatures of both the
permittee and the permittor for the execution of a true copy. The
cedar ((or specialty wood)) processor shall make and maintain a record
of the purchase, taking possession, or retention of cedar products and
cedar salvage in compliance with RCW 76.48.094.
(6) If, under official inquiry, investigation, or other authorized
proceeding regarding specialized forest products not covered by a valid
specialized forest products permit or other acceptable document, the
inspecting law enforcement officer has probable cause to believe that
the specialized forest products were harvested in this state or
wrongfully obtained in another state or province, the officer may take
into custody and detain, for a reasonable time, the specialized forest
products, and all supporting documents, invoices, and bills of lading,
((and the vehicle in which the products were transported)) until the
true origin of the specialized forest products can be determined.
Sec. 8 RCW 76.48.094 and 2005 c 401 s 7 are each amended to read
as follows:
(1) Cedar ((or specialty wood)) processors shall make and maintain
a record of the purchase, taking possession, or retention of cedar
products, cedar salvage, or specialty wood for at least one year after
the date of receipt. The record must be legible and must be made at
the time each delivery is made.
(2) The bill of lading must accompany all cedar products((,)) or
cedar salvage((, or specialty wood)) products ((after the products are
received by the cedar or specialty wood processor)) during transport or
during the time when the material is on property not owned by the owner
of the material. The bill of lading must include the specialized
forest products permit number or the information provided for in RCW
76.48.075(5) and must also specify:
(a) The date of transportation;
(b) The name and address of the first cedar ((or specialty wood))
processor or buyer who recorded the specialized forest products
information;
(c) The name and address from where the cedar ((or specialty wood))
products are being transported;
(d) The name of the person receiving the cedar ((or specialty
wood)) products;
(e) The address to where the cedar ((or specialty wood)) products
are being transported;
(f) The name of the driver;
(g) The vehicle license number;
(h) The type of cedar ((or specialty wood)) product being shipped;
and
(i) The amount of cedar ((or specialty wood)) product being
shipped.
Sec. 9 RCW 76.48.096 and 2005 c 401 s 8 are each amended to read
as follows:
Except as otherwise provided in RCW 76.48.100, it is unlawful for
any cedar ((or specialty wood)) buyer or processor to purchase, take
possession, or retain cedar ((or specialty wood)) products or cedar
salvage subsequent to the harvesting and prior to the retail sale of
the products, unless the supplier thereof displays a specialized forest
products permit, or true copy thereof that appears to be valid, or
obtains the information under RCW 76.48.075(5).
Sec. 10 RCW 76.48.098 and 2005 c 401 s 9 are each amended to read
as follows:
Every cedar ((or specialty wood)) buyer or processor shall
prominently display a valid registration certificate, or copy thereof,
obtained from the department of revenue under RCW 82.32.030 at each
location where the buyer or processor receives cedar products((,)) or
cedar salvage((, or specialty wood)).
When dealing with cedar processors, permittees shall sell cedar
products((,)) or cedar salvage((, or specialty wood products)) only to
cedar ((or specialty wood)) processors displaying registration
certificates which appear to be valid.
Sec. 11 RCW 76.48.100 and 2005 c 401 s 10 are each amended to
read as follows:
The provisions of this chapter do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar salvage"
under RCW 76.48.020), poles, pilings, or other major forest products
from which substantially all of the limbs and branches have been
removed, specialty wood, and cedar salvage when harvested concurrently
with timber stands (a) under an approved forest practices application
or notification, or (b) under a contract or permit issued by an agency
of the United States government.
(3) The activities of a landowner, his or her agent, or
representative, or of a lessee of land in carrying on noncommercial
property management, maintenance, or improvements on or in connection
with the land of the landowner or lessee, including harvesting,
possession, and transport of specialized forest products or specialty
wood.
Sec. 12 RCW 76.48.110 and 2005 c 401 s 11 are each amended to
read as follows:
(1)(a) Whenever any law enforcement officer has probable cause to
believe that a person is harvesting or is in possession of or
transporting specialized forest products or specialty wood in violation
of the provisions of this chapter, he or she may, at the time of making
an arrest, seize and take possession of any paperwork, specialized
forest products, or specialty wood found. ((If the specialized forest
product is a cedar product, cedar salvage, or specialty wood, at the
time of making an arrest the law enforcement officer may seize and take
possession of any equipment, vehicles, tools, or paperwork.)) The law
enforcement officer shall provide reasonable protection for the
((equipment, vehicles, tools,)) paperwork, ((or)) specialized forest
products, or specialty wood involved during the period of litigation or
he or she shall dispose of the ((equipment, vehicles, tools,))
paperwork, ((or)) specialized forest products, or specialty wood at the
discretion or order of the court before which the arrested person is
ordered to appear.
(((2))) (b) Upon any disposition of the case by the court, the
court shall make a reasonable effort to return the ((equipment,
vehicles, tools,)) paperwork, ((or)) specialized forest products, or
specialty wood to its rightful owner or pay the proceeds of any sale of
specialized forest products or specialty wood less any reasonable
expenses of the sale to the rightful owner. If for any reason, the
proceeds of the sale cannot be disposed of to the rightful owner, the
proceeds, less the reasonable expenses of the sale, shall be paid to
the treasurer of the county in which the violation occurred. The
county treasurer shall deposit the same in the county general fund.
The return of the ((equipment, vehicles, tools,)) paperwork, ((or))
specialized forest products, or specialty wood or the payment of the
proceeds of any sale of products seized to the owner shall not preclude
the court from imposing any fine or penalty upon the violator for the
violation of the provisions of this chapter.
(2) If no seizure of specialized forest products or specialty wood
is made under this section, but the specialized forest products or
specialty wood are later proved to be stolen, the sheriff shall
commission an independent third-party appraisal based on the
description of the stolen specialized forest products or specialty
wood. Upon conviction, the transporter of the stolen specialized
forest products or specialty wood shall pay the rightful owner three
times the appraised market value of the specialized forest products or
specialty wood and reimburse the sheriff for reasonable appraisal
costs.
Sec. 13 RCW 76.48.120 and 2003 c 53 s 373 are each amended to
read as follows:
(1) It is unlawful for any person, upon official inquiry,
investigation, or other authorized proceedings, to offer as genuine any
paper, document, or other instrument in writing purporting to be a
specialized forest products permit, or true copy thereof,
authorization, bill of sale, sales invoice, receipt or bill of lading,
or to make any representation of authority to possess or conduct
harvesting or transporting of specialty wood or specialized forest
products, knowing the same to be in any manner false, fraudulent,
forged, or stolen.
(2) Any person who knowingly or intentionally violates this section
is guilty of a class C felony punishable ((by imprisonment in a state
correctional institution for a maximum term fixed by the court of not
more than five years or by a fine of not more than five thousand
dollars, or by both imprisonment and fine)) under chapter 9A.20 RCW.
(3) Whenever any law enforcement officer reasonably suspects that
a specialized forest products permit or true copy thereof,
authorization, bill of sale, sales invoice, or bill of lading is
forged, fraudulent, or stolen, it may be retained by the officer until
its authenticity can be verified.
Sec. 14 RCW 76.48.150 and 2005 c 401 s 13 are each amended to
read as follows:
(1) The department of natural resources is the designated agency to
develop and print the specialized forest products permit and distribute
it to the county sheriffs. ((In addition,))
(2) The department of natural resources shall develop educational
material and other printed information for law enforcement, forest
landowners, and specialized forest products harvesters, buyers, and
processors specific to this chapter.
NEW SECTION. Sec. 15 A new section is added to chapter 76.48 RCW
to read as follows:
Except as otherwise provided for in RCW 76.48.100:
(1) A bill of sale shall be obtained by a person prior to
harvesting from any lands, including his or her own, any specialty
wood.
(2) A bill of sale shall be completed in duplicate for each
permittor's property on which a permittee harvests specialty wood.
(3) Upon the signature of the permittor, the bill of sale shall
become the authorization to harvest, possess, or transport the
specialty wood from the origin of harvest until the first sale or
transfer, subject to any other conditions or limitations that the
permittor may specify. One copy of the bill of sale shall be given or
mailed to the permittor and the other copy given or mailed to the
permittee.
(4) While engaged in harvesting of specialty wood, permittees or
their agents or employees must have readily available at each harvest
site the original bill of sale. The original bill of sale shall be
presented to any law enforcement officer upon request for inspection.
No duplicates or copies of a bill of sale may be presented as a valid
bill of sale or authentication of ownership of specialty wood under
this chapter.
NEW SECTION. Sec. 16 A new section is added to chapter 76.48 RCW
to read as follows:
A bill of sale, for use for the harvest, possession, donation, and
transportation of specialty wood from the origin of the harvest shall
consist of and specify:
(1) The date of its execution;
(2) The name, address, and phone number of the buyer;
(3) The name, address, and phone number of the seller;
(4) The number and description, including species, of the specialty
wood being purchased or transported;
(5) The location of harvest site or place of sale or donation, by
address, local landmarks, or legal description;
(6) The date, time, and signature of the buyer;
(7) The date, time, and signature of the seller.
NEW SECTION. Sec. 17 A new section is added to chapter 76.48 RCW
to read as follows:
Except as otherwise provided in RCW 76.48.100:
(1) It is unlawful for any specialty wood processor to purchase,
take possession, or retain specialty wood products subsequent to the
harvesting and prior to the retail sale of the products unless the
supplier thereof displays a bill of sale that appears to be valid or
obtains the information as required by this chapter.
(2) Specialty wood processors shall make and maintain a record of
the purchase, taking possession, or retention of specialty wood for at
least one year after the date of receipt. The record must be legible,
include the information provided on the bill of sale, and must be made
at the time each delivery is made. Records related to the purchase,
possession, or retention of specialty wood shall, upon request, be made
available for inspection by any law enforcement officer.
(3) A subsequent bill of sale shall accompany all specialty wood
products sold, donated, or otherwise disposed of to another person
after the products have been initially received by the specialty wood
processor. In addition to the requirements listed for a bill of sale
in section 16 of this act, a bill of sale from a specialty wood
processor for resale of specialty wood must include the specialty wood
processor's department of revenue registration certificate number,
required in section 18 of this act.
NEW SECTION. Sec. 18 A new section is added to chapter 76.48 RCW
to read as follows:
Every specialty wood processor shall prominently display a valid
registration certificate, or copy thereof, obtained from the department
of revenue under RCW 82.32.030 at each location where the processor
receives specialty wood.
NEW SECTION. Sec. 19 A new section is added to chapter 76.48 RCW
to read as follows:
It is unlawful for a person to:
(1) Harvest specialty wood, or engage in activities or phases of
harvesting, possessing, or transporting specialty wood, as described in
RCW 76.48.020 without first obtaining permission from the landowner or
their duly authorized agent or representative in the form of a bill of
sale as described in section 16 of this act; or
(2) Engage in activities processing specialty wood, retaining
processed specialty wood, or selling or disposing of processed
specialty wood without meeting the requirements of sections 17 and 18
of this act.
Nothing in this section precludes the prosecution for crimes under
other state law.